I have recorded my wife on my iphone threatening to prevent me from seeing my kids again.

I also two genuine phone recordings of my wife, one on an answering machine that continued to record after I picked it up, and the other is a recording I organised myself with a device attached to the phone.

I would like to know whether legally I am allowed to submit any of these recordings to Police or to Court as evidence?

I think this is a very common question amongst arguing couples and even disputing neighbours.

I know that there are federal laws around this matter as well as state laws, but what it all means in this case I am not too sure. But I would say that if she was aware that she was being recorded, as it may be the case with your iphone and then again may be the case with the answering machine, then I can't see on what basis this information could be made inadmissible.

One line of thinking however that may work for you. Even if you recorded your ex without her acceptance, simply transcribe the phone conversation in writing, and submit it as a transcript. Don't mention that you have a recording, but claim that you can recollect it. Usually, from the details in the transcript, Judges realise that you have the recording, without having to argue whether it was legally recorded or not.

Iid also worth checking out our Court Decisions section, under the Evidence category.

I would suggest that the devil is in the detail with most audio recordings, and whether they are admitted or not depends on numerous details, not just the question of whether the individual was aware that they were being recorded.

it is legal to record conversations without consent – and when one was not party to them – to protect a “legitimate lawful interest“.

In 2012, former Perth barrister Lloyd Rayney was found not-guilty in the August 2007 murder of his wife, WA Supreme Court Registrar Corryn Rayney.

Although many remain unconvinced of his innocence, the as-yet un-resolved issue of his secret recordings of his wife’s phone conversations is still making its way through the system.

His justification for the recordings, he believed it was legal to record conversations without consent – and when one was not party to them – to protect a “legitimate lawful interest“.

Another prominent Australian who is also using the defence of “legitimate lawful interest” to justify his countless of hours of phone recordings, many of which are extremely damning on him regardless of whether the recordings themselves are deemed to be lawful or not.

Fair Work Commission vice president Michael Lawler recently revealed he has been covertly recording phone conversations with his boss.

“It is legitimate to record conversations to be used to protect oneself later, which is clearly the advice and opinion of Vice President Lawler,” he said.

Another related article on audio recordings in the Family Court has been published.

8 Tips On Admitting Audio Recordings In Family Law Hearings

Section 7 of the Surveillance Devices Act 2007 (NSW) (“SDA“) makes it unlawful to record private conversations without the consent of the other person unless it comes within one of the exceptions in subsections (2) & (3) of section 7 SDA. So what are some useful tips that arise from this case: